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NY I85458





August 27, 2002

CLA-2-95:RR:NC:SP:225 I85458

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.80.0000

Mr. Orlando Rodriguez
Almacenes Pitusa, Inc.
P.O. Box 839
Hato Rey Station
San Juan, PR 00919-0839

RE: The tariff classification of radio controlled toy cars from Japan.

Dear Mr. Rodriguez:

In your letter dated August 13, 2002, you requested a tariff classification ruling.

You submitted the following photographs and specifications:

Item #20385, Dirty Jeep Wrangler, is a radio controlled toy jeep that measures approximately 6 inches in height x 6 inches in width x 10 inches in length and has oversized off-road tires. Using the transmitter, one can direct the vehicle to move forward, reverse, left/right turn, and stop. The jeep requires four "AA" size batteries and the transmitter requires one 9 volts battery, which are not included.

Item #180053BC, F-150 Harley-Davidson, is a radio controlled pickup truck that measures approximately 6 inches in height x 7 inches in width x 11 inches in length and has oversized off-road tires. Using the transmitter, one can direct the vehicle to move forward, reverse, left/right turn, and stop. The truck requires one 4.8 volts rechargeable battery pack with charger and the transmitter requires one 9 volts battery, which are included.

Item #180052BC, Hummer H2, is a radio controlled Hummer that measures approximately 6 inches in height x 7 inches in width x 11 inches in length and has oversized off-road tires. Using the transmitter, one can direct the vehicle to move forward, reverse, left/right turn, and stop. The truck requires one 4.8 volts rechargeable battery pack with charger and the transmitter requires one 9 volts battery, which are included.

Item #160008, Shelby Series Viper, and Item #160006, Acura NSX, are radio controlled racing car that measure approximately 3-1/4 inches in height x 5-3/4 inches in width x 12 inches in length and have crash-resistant front bumpers. Using the transmitter, one can direct the vehicles to move forward, reverse, left/right turn, and stop. The cars require six “AA” batteries and each transmitter requires one 9 volts battery, which are not included.

The applicable subheading for Item #20385, Dirty Jeep Wrangler, Item #180053BC, F-150 Harley-Davidson, Item #180052BC, Hummer H2, Item #160008, Shelby Series Viper, Item #160006, Acura NSX will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys and models, incorporating a motor, and parts and accessories thereof.” The rate of duty will be free.

This product may be subject to the regulations of the Federal Communications Commission (FCC). Specifically, certain radio frequency generating devices are subject to FCC registration or approval and require filing FCC Form 740 at time of entry. For further information you may contact your local FCC field office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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